HELP!

[namron77]

I just got a summons from my landlord today.  It is for unpaid rent.  The problem is that I turned in the rent on time, and they lost the check.  I went in to speak with them about it, because I wanted to get it cleared up.  They refused to even acknowlege the fact they lost the check.  They were indirectly calling me a liar by saying that if I turned in my rent payment they would have it.  I even showed them my carbon copy of the check.  I refused to pay the late fees and legal fees but did go ahead and pay the amount that the check was for.  They are now wanting to take me to court for those fees. 

I also have to change my checking account now, because I am afraid that someone could use my checking information since the check was lost.  This is one big nightmare and it makes me not want to live here anymore.  I've lived in the complex for 5 years and this is how they are treating me!  If I take this to court, do I have any chance of winning?  It's basically my word against theirs.  Honestly though, who in their right mind would go through the effort to change their banking account and thus have to change every automatic payment and direct deposit for $184 of fees?  I can't believe that they don't believe me. 

[Anonymous]

Hi namron,

How long ago did they lose your check?  Have you put a stop payment on that check number?

I work in banking and if you were my client, I would recommend putting a stop payment on the check.  You would then have this along with the carbon copy as "proof" that your intent was to make the payment and the actual payment clearing would show this as well.

I would think that having a new account set up would also show that you indeed are concerned and that they are taking a ridiculous point of view in this matter.

Good luck!

[Anonymous]

If this is the first time that something like this has ever happened I am shocked that they would be doing this.  If they take to to court you can show the judge your previous payment history with the landlord and try the excuse "it was an honest mistake.''

Now if they are really going to go through with this, unfortunately the responsibility is on you to prove they lost the check, I would say that they, unfortunately, have a legal right to issue the charges, so you might have to pay and then move out!!!!!!!!!!!!

I know it's not what you wanted to hear, but it may boil down to this.  Sorry to hear about this.

[Anonymous]

Just for clarification.  You did pay the rent that you owed right???  If that is the case, what's the point of the summons???

And are you still living in the complex?  If so, that could get messy.  I know the feeling.  I had a problem with my previous complex when the bank bounced the check and they made me jump through hoops to get everything cleared up.  Enough to make you want to throw a brick through the office window.

(disclaimer:  ThundaMan does not advocate resorting to violence to resolve this situation.  But I know how it feels. )